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Petitioner: ATLAS KHAN VS Respondent: StateHonorable Justice Qaiser Rashid KhanMiss Shabina Noor
2021 M L D 1857 [Peshawar] Before Qaiser Rashid Khan, CJ ATLAS KHAN---Petitioner Versus The STATE---Respondent Bail Petition No.973-P of 2021, decided on 14th June, 2021. Criminal Procedure Code (V of 1898)--- ----S.497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.11(b)---Possession of narcotics---Bail, refusal of---Scope---Accused sought bail in a case lodged under S. 11(b) of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---Accused was alleged to have been found in possession of 520 grams of Amphetamine/Ice---Amphetamine/Ice was the latest and most lethal among the contrabands, which as against the other narcotics like 'charas' was not possessed in maunds and kilograms but in small quantity given the fact that it was by far the most expensive contraband---520 grams of Amphetamine/Ice recovered from the direct and immediate possession of the accused was a huge quantity in respect of which the report of Forensic Laboratory was also in the affirmative---Accused was prima facie connected with the commission of the offence attracting the prohibited limb of S.497, Cr.P.C---Bail petition was dismissed, in circumstances. Miss Shabina Noor for Petitioner. Syed Sikandar Hayat Shah, A.A.G for the State. Date of hearing: 14th June, 2021. ORDER QAISER RASHID KHAN, J.----Accused/petitioner Atlas Khan seeks his release on bail in case FIR No.249, dated 08.03.2021, under Section 11 (B) of the KP Control of Narcotic Substances Act of Police Station Urmar, District Peshawar, after the said relief has been declined to him by the learned court below. 2. Arguments heard and the available record perused. 3. As per the FIR ibid, it was during the course of patrol duty by the local police at the spot, when a person found in suspicious condition having a black shopping bag in his hand was stopped, who disclosed his name as Atlas Khan (accused-petitioner). The search led to the recovery of 520 grams of Amphetamine (Ice) from the shopping bag. 4. Amphetamine / Ice is the latest and most lethal among the contrabands, which as against the other narcotics like 'charas' is not possessed in maunds and kilograms but in small quantity given the fact that it is by far the most expensive contraband. However, its small quantity has proved to have devastating effects on its consumers, who mostly happen to be from the younger generation including the school and college going students. By that count, 520 grams of Amphetamine / Ice recovered from the direct and immediate possession of the accused-petitioner is a huge quantity in respect of which the FSL report is also in the affirmative. Thus, the accused-petitioner is prima facie connected with the commission of the offence attracting the prohibitory limb of section 497, Cr.P.C. Hence, I hold him disentitled to the concession of bail. 5. Resultantly, this bail petition stands dismissed. SA/130/P Bail declined.